Ex parte Lehman
Supreme Court of Alabama
Before the Supreme Court. The facts are contained in the opinion. 1. The only important question in this case is as to the petitioners’ remedy by mandamus. The right to set-off judgments in the same court is a legal right.—Code, 1876, § 2993—and this must be done on motion. 2. If the order overruling the motion to set-off be a final judgment from which an appeal would lie, the remedy is not adequate.
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Before the Supreme Court. The facts are contained in the opinion. 1. The only important question in this case is as to the petitioners’ remedy by mandamus. The right to set-off judgments in the same court is a legal right.—Code, 1876, § 2993—and this must be done on motion. 2. If the order overruling the motion to set-off be a final judgment from which an appeal would lie, the remedy is not adequate. It is not enough that a party has another legal remedy to debar him from having a mandamus. To have this effect there must be an adequate and specific legal remedy otherwise than by mandamus.—7…
1Opinion of the Court
BRICKELL, C. J.—
We regard it as settled in this State, by the decision in Warfield v. Campbell, 38 Ala. 527, that an attorney at law, or solicitor in chancery, has a lien upon a judgment, or decree, obtained for a client, to the extent of the compensation the client has agreed to pay him; or, if there has been no specific agreement for compensation, to the extent to which he is entitled to recover of the client— *633reasonable compensation for the services rendered. We dissent from, and disapprove the suggestion in McCaa & Foster v. Grant, 43 Ala. 262, that the principle stated in this case, “…
2Cases cited6 opinions
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Boyer v. ClarkNebraska Supreme Court · 1873
- Burns v. ThornburghSupreme Court of Pennsylvania · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Grimball v. CruseSupreme Court of Alabama · 1881
- McWilliams v. JenkinsSupreme Court of Alabama · 1882
- Jackson v. CloptonSupreme Court of Alabama · 1880
- Mosely & Eley v. NormanSupreme Court of Alabama · 1883
15 more not listed; retrieve them via the Exa API.